Previous employer demanding payback of £2000 bonus

yvonne13_2

vassa wrote: »

Fair enough, but i think if you had to give your employer £2000 if you left, you'd stay no matter how bad it was. Also there's the awkward prospect of leaving and getting zero income unless you can find work right away, as the dole won't pay out if you leave employment.

I don't know if it's common practice to give someone a bonus before they've earned it.

I would have left if it was that bad but I would have lined up a job. But this isn't about what other people would've /could've done.

vassa

yvonne13 wrote: »

I don't know if it's common practice to give someone a bonus before they've earned it.

I would have left if it was that bad but I would have lined up a job. But this isn't about what other people would've /could've done.

Well seeing as they're demanding it back from him i'm guessing it was a lump sum when he started. It is, in OP's words, called a 'joining' bonus after all.

Lining up a job isn't always that easy either.

Also, it's not the issue. The issue is they had him sign a contract saying if he left he had to pay back £2k, and he didn't leave, he was sacked. The issue is whether they can legally claim it back off him, the answer to which has already been covered.

yvonne13_2

vassa wrote: »

Well seeing as they're demanding it back from him i'm guessing it was a lump sum when he started. It is, in OP's words, called a 'joining' bonus after all.

Lining up a job isn't always that easy either.

Also, it's not the issue. The issue is they had him sign a contract saying if he left he had to pay back £2k, and he didn't leave, he was sacked. The issue is whether they can legally claim it back off him, the answer to which has already been covered.

I must have missed that. Can you show my where the OP confirmed that's what his solicitor told him?

vassa

yvonne13 wrote: »

I must have missed that. Can you show my where the OP confirmed that's what his solicitor told him?

Don't need a solicitor to read the plain English on his contract that he posted up.

yvonne13_2

vassa wrote: »

Don't need a solicitor to read the plain English on his contract that he posted up.

I must have missed the copy of his contract that he posted. Then again I'm not a solicitor so wouldn't be able to advise the OP, hopefully he'll seek professional help.

And on that note I will not be responding to anything further you have to say on this matter.

Have a good evening.

andygb

yvonne13 wrote: »

Saying and meaning are two very different things, so I'll wait until the OP confirms exactly what he means.

Well, how about the fact that it is not easy to get a job nowadays, and you often have to put up with a lot of grief from unscrupulous employers.
You must be extremely lucky if you have not had bad employers:(

fruitedeli

Normally if the contract terms were literally interpretated, OP wouldn't have to pay a single penny. But if the employer is able to convince the court both parties were made aware OP is to repay the joining bonus if OP is no longer working for the company, then the court would rectify the wording in the contract and enforce it. A small wording error won't void the original purpose of the conditions of a contract IF it was made clear to both parties.

This was what my friend, who is a solicitor advocate said. He did throw me some weird latin crap lol while saying this. -_____-

Personally I think OP should call their bluff.

andygb

fruitedeli wrote: »

Normally if the contract terms were literally interpretated, OP wouldn't have to pay a single penny. But if the employer is able to convince the court both parties were made aware OP is to repay the joining bonus if OP is no longer working for the company, then the court would rectify the wording in the contract and enforce it. A small wording error won't void the original purpose of the conditions of a contract IF it was made clear to both parties.

This was what my friend, who is a solicitor advocate said. He did throw me some weird latin crap lol while saying this. -_____-

Personally I think OP should call their bluff.

However, if the employer is offering a bonus simply as a method of attracting employees, and has no intention of honouring that bonus - for example, giving people a bonus at the start of the employment, then retracting that bonus when they are routinely being sacked before the six month period has expired, then I believe that an employment tribunal would see things quite differently.

pinkshoes

jamesfisher1989 wrote: »

It is as follows:

Salary: 161.10
Leaver Holiday Pay: 209.42
Bonus Reclaim: -2000

Total Payments: -1628.98
PAYE: -471.40
Net Pay: -1,157.58 (Amount to be repaid)

jamesfisher1989 wrote: »

Well the contract says pretty much what I said:

'You will receive a joining bonus of £2000...If you leave within 1 to 6 months of joining, you will be required to repay the full amount of £2000.'

You need to treat this as TWO separate issues.

Firstly, send a letter giving them 14 days from receipt of the letter to pay you the £370.52 that they owe you in un-taken holiday and salary. If they don't pay it, send another letter, this time entitled "Letter Before Action", giving them a further 7 days to pay before you take them to court for the money.

Secondly, go and see a contract solicitor about the bonus and the wording in the contract. As far as I can see, you did not LEAVE the company within 1 to 5 months - you were let go. These are totally separate events, and given the wording in the contract is so vague, then it could potentially be argued in court that they cannot retract the bonus.